Current through the 2023 Regular Session
Section 16-12-225 - Combined-use marijuana licensing - requirements(1) The department may issue a total of eight combined-use marijuana licenses to entities that are: (a) a federally recognized tribe located in the state; or(b) a business entity that is majority-owned by a federally recognized tribe located in the state.(2) A combined-use marijuana license consists of one cultivator license and one dispensary license allowing for the operation of a dispensary.(3) Initial licensure and annual fees for a combined-use license is $7,500.(4) A combined-use marijuana licensee shall operate its cultivation and dispensary facilities on land that is located in a county that has satisfied the local government approval provisions in 16-12-301 if the majority of voters in the county voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election.(5) An applicant under this section must satisfy all licensing requirements under this chapter and is subject to all fees and taxes associated with the cultivation and sale of marijuana or marijuana products provided for in this chapter.(6) A license granted under this section must be operated in compliance with all requirements imposed under this chapter.(7) After a tribe or a majority-owned business of that tribe is licensed under this section, that tribe or another majority-owned business of that tribe may not obtain another combined-use license until the prior license is relinquished, lapses, or is revoked by the department.Amended by Laws 2023, Ch. 743,Sec. 6, eff. 5/22/2023.Amended by Laws 2023, Ch. 712,Sec. 21, eff. 5/22/2023.Added by Laws 2021, Ch. 576,Sec. 6, eff. 1/1/2022.Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."